Michigan has joined 19 other states in a lawsuit against the Trump Administration concerning a recent declaration that classifies care for transgender youth as unsafe and ineffective. The lawsuit, filed in Oregon, names the U.S. Department of Health and Human Services (HHS), HHS Secretary Robert F. Kennedy Jr., and HHS Inspector General Thomas Bell as defendants.
The controversial declaration, released on December 18, 2023, proposed new regulations that would restrict hospitals from providing gender-affirming care, which includes puberty blockers, cross-sex hormones, and surgical procedures. According to Michigan Attorney General Dana Nessel, the declaration unlawfully attacks “essential healthcare for transgender youth.”
The lawsuit asserts that the declaration unlawfully alters established medical standards and undermines the authority of states to regulate medical practices. Historically, states have held this power, and federal law mandates that agencies provide public notice and allow for public comment before implementing changes to healthcare policies.
Public Response and Regulatory Process
The proposed regulations have not yet been enacted, and the public has until February 17, 2026, to submit comments regarding these changes. If implemented, the regulations would prevent hospitals from receiving Medicare or Medicaid payments for providing gender-affirming procedures. Instead, the declaration recommends that talk therapy be utilized as a primary treatment for children experiencing gender dysphoria.
Before these proposals can be made permanent, they must pass through a lengthy rulemaking process that includes public commentary. Critics argue that even without permanent implementation, the declaration could deter healthcare professionals from offering gender-affirming care to minors.
Controversy Over Medical Standards
At least 27 states in the U.S. have enacted laws that either restrict or ban gender-affirming care for children. The declaration references a peer-reviewed report conducted by the HHS as justification for its stance on the safety of gender-affirming procedures. Released in late November, this report has faced significant backlash from major medical organizations and professionals who care for transgender children, who label it as inaccurate.
Most prominent U.S. medical organizations, including the American Medical Association, continue to oppose restrictions on transgender healthcare services for youth. They argue that such restrictions do not align with established medical consensus and undermine the well-being of transgender youth.
This legal challenge reflects ongoing national debates over transgender rights and healthcare access, with implications for both medical practice and the lives of young individuals seeking gender-affirming care.
